Evictions of nursing home residents are on the rise according to a recent article in the Wall Street Journal. As many nursing homes face budget cuts, they are seeking to reduce the number of Medicaid residents in favor of higher paying Medicare or self-pay residents that pay the facility a substantially higher daily rate. Under federal law, nursing homes can only involuntarily discharge patients for the following reasons:
- If the resident is well enough to go home.
- Discharge the resident for care only available elsewhere.
- Danger to the safety of other residents.
- Danger to the health of other residents.
- Failing to pay bills.
- If the facility shuts down.
Most states provide little guidance for nursing home residents facing eviction. Moreover, there is little guidance for what procedure residents can take to contest their evictions. Even if a person can persuade the nursing home to continue to let them remain at the facility, it is probably not a good enviornment for the person to remain. Think about it, would you really want to live in a place where it is obvious you are not wanted? Will you really be receiving the most attentive care? Is the staff really going to look out for your best interest.
If you are faced with eviction from your current facility it is best to contact your state ombudsman.